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Q. |
X and Y are married. They have a son Z. When X died, Z inherited a property covered by TCT No. 1. Z died without any issue. Y inherited it and obtained a title. There is however no inscription of the reservable character of the property. Y sold it to A who obtained a title. Y died in 2009. Can B, C and D, the reservatarios recover the property? |
A. | Yes, because the property is reserved to them by law; |
B. | Yes, because Y could not have sold it being a mere trustee; |
C. | No, because A is a buyer in good faith and for value; |
D. | Yes, because Y could not have sold that which she did not own. |
Answer» C. No, because A is a buyer in good faith and for value; |
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